Montana Administrative Code

23.15.306 MENTAL HEALTH THERAPISTS The rules governing physicians apply to mental health therapists, subject to restrictions in this rule. A mental health therapist must be one of the following to receive payment from the crime victims fund: medical doctor; licensed clinical psyc…

23.15.307 COMPENSATION BENEFITS Compensation benefits payable to a claimant or on his behalf are computed by subtracting from the claimant's expenses any payments made by the offender or other collateral source. The unpaid expense is subject to the statutory maximums and percenta…

23.15.308 CONTRIBUTION Under 53-9-125 , MCA, a victim contributed to the infliction of death or bodily injury with respect to which a claim is made if the victim's actions are causally connected to the resulting injuries and such injuries were reasonably foreseeable at the time o…

23.15.309 SICK LEAVE Sick leave payments are not considered wages for the purpose of determining if a victim qualifies for wage loss compensation, but sick leave payments received during the actual loss of wages are used to offset wage compensation benefits. Authorizing statute(s…

23.15.310 SUBROGATION AND ATTORNEY FEES The claimant must advise the unit when a civil action is initiated by the claimant against the offender or another collateral source. The claimant must provide the name and address of his or her attorney to the unit. The claimant or his or …

23.15.401 FORENSIC RAPE EXAMINATION PAYMENT PROGRAM-PURPOSE The forensic rape examination payment program (FREPP) covers the costs of providing sexual assault forensic examinations for victims of an alleged incident of sexual intercourse without consent, sexual assault, or incest…

23.15.402 FORENSIC RAPE EXAMINATION PAYMENT PROGRAM COVERAGE GUIDELINES To be eligible to receive FREPP coverage, a victim must have a forensic rape examination performed within 72 hours of the alleged sexual assault and must choose not to report the alleged incident to law enfor…

23.15.403 PROCESSING AND RETURN OF FORENSIC RAPE EXAMINATION KITS Forensic rape examination kits, which include evidence obtained as a result of the examination, the medical record sexual assault form, and any other paperwork accompanying the examination, should be mailed to the …

23.15.404 PROVIDER BILLING AND REIMBURSEMENT To be eligible for reimbursement for the covered costs of the forensic rape examination, the medical provider must, within 90 days of performing the examination: submit the FREPP claim form; provide a copy of the patient information fo…

23.15.405 ADMINISTRATION OF THE FORENSIC RAPE EXAMINATION PAYMENT PROGRAM FREPP will maintain a database of all forensic rape examination kits received. FREPP will store forensic rape examination kits for a minimum of 60 days. FREPP will maintain the confidentiality of the victim…

23.15.406 LAW ENFORCEMENT'S RESPONSIBILITY TO PAY If FREPP has provided coverage for a forensic rape examination and the victim later reports the offense to law enforcement, in accordance with 46-15-411 , MCA, law enforcement must reimburse FREPP for the cost of the examination. …

23.15.501 ADDRESS CONFIDENTIALITY PROGRAM--PURPOSE AND GOAL The purpose of the address confidentiality program is to allow a victim of domestic violence, sexual assault or stalking to register for a confidential address. The program is designed to provide assistance to qualifying…

23.15.502 APPLICATION To apply for the address confidentiality program, an applicant must: be a resident of the state of Montana; be a victim of partner family member assault, sexual assault, or stalking as defined by 40-15-116 , MCA; and complete the office of victim services ad…

23.15.503 ISSUANCE OF SUBSTITUTE ADDRESS The office of victim services will approve all properly submitted applications within five business days after the application is received. Upon approval, the office of victim services will: issue a substitute address to the participant; r…

23.15.504 CONFIDENTIALITY The office of victim services will protect the confidentiality of application materials and a participant's substitute address. A victim's application materials and substitute address will only be disclosed if: requested by a law enforcement agency; or o…

23.15.505 CANCELLATION OF SUBSTITUTE ADDRESS Except as provided in (2) , a substitute address issued under ARM 23.15.503 is valid for four years after issuance. A participant who wants the substitute address to continue after four years must, on the form provided by the office of…

23.16.1001 POKER RUNS As used in this rule, "travel" means to journey by any physical means. Each participant in a poker run must travel to the designated locations at which playing cards are obtained. After all cards are accumulated, participants in the poker run shall select th…

23.16.101 DEFINITIONS As used throughout this chapter, the following definitions apply: "AARS" (automated accounting and reporting system) means a system that, at a minimum, is used to electronically report VGM accounting data to the State of Montana. "Accounting system vendor" m…

23.16.102 APPLICATION FOR GAMBLING LICENSE - LICENSE FEE Every person working or acting as a card dealer, operator, route operator, card room contractor, manufacturer, distributor, manufacturer of electronic live bingo or keno equipment, sports tab game seller, accounting system …

23.16.103 INVESTIGATION OF APPLICANTS, FINGERPRINTS TO BE REQUIRED - DISCLOSURE FROM NONINSTITUTIONAL LENDER An applicant for a gambling license must make full disclosure of all information, and provide fingerprints as required by the department, these rules, and Title 23, chapte…

23.16.104 PROCESSING OF GAMBLING LICENSE APPLICATION Upon receipt of an application for a gambling license, the department must make a thorough investigation as to the qualifications of the applicant for licensure. If, upon conclusion of such investigation, the applicant appears …

23.16.105 WITHDRAWAL OF APPLICATION An applicant may request withdrawal of an application at any time prior to final department action upon the application by filing a written request to withdraw. The department will respond within 30 days of receipt of the applicant's request fo…

23.16.106 ELECTRONIC SUBMISSION OF DOCUMENTS AND ELECTRONIC SIGNATURES The department may accept electronic submission of certain documents through the licensing portal. An electronically submitted document is only complete if: all requested information is provided; and the submi…

23.16.107 GROUNDS FOR DENIAL OF GAMBLING LICENSE, PERMIT, OR AUTHORIZATION With respect to any gambling license, permit, or authorization, the department may deny initial issuance, or, if issued, deny renewal or take any action authorized in 23-5-136, MCA, when the department can…

23.16.108 RECOURSE IN CASES OF DENIAL OR NONRENEWAL OF GAMBLING LICENSE - HEARING, JUDICIAL REVIEW Upon completion by the department of its investigation of an applicant's qualifications for licensure, the department shall notify the applicant in writing of its intended action. I…

23.16.109 RENEWAL OF GAMBLING LICENSE Renewal of an existing gambling license must be accomplished by submitting a renewal application on forms prescribed by the department. A renewal application is not complete unless it is signed and dated by the applicant and contains all info…

23.16.110 ASSOCIATED GAMBLING BUSINESS LICENSE Except where licensure is required by Title 23, chapter 5, MCA, or under these rules, an associated gambling business license is a license the department may issue to a person or entity whose business provides products or services to…

23.16.1101 CARD GAME TOURNAMENTS – POKER TOURNAMENT DIRECTORS ASSOCIATION RULES Card game tournaments which involve consideration to play and the chance of winning something of value are gambling activities. Publicly played card game tournaments involving gambling activity are li…

23.16.1102 LARGE-STAKES CARD GAME TOURNAMENTS A licensed operator with a permit to operate at least one live card game table on premises may apply to the department for an annual permit to conduct large-stakes card game tournaments. The application must be submitted on Form 14A, …

23.16.1103 SMALL-STAKES CARD GAME TOURNAMENTS A licensed operator with a permit to operate at least one live card game table on premises may apply to the department for an annual permit to conduct small-stakes card game tournaments. The application must be submitted on Form 14B, …

23.16.111 REAPPLICATION RULE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-115, MCA History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94, REP, 1997 MAR p. 404, Eff. 2/25/97.

23.16.115 DEFINITIONS (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-118, 23-5-176, MCA History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94, REP 1997 MAR p. 404, Eff. 2/25/97.…

23.16.116 TRANSFER OF INTEREST AMONG LICENSEES Except as provided in (9) and (10), an existing owner of a licensed gambling operation may transfer an ownership interest to another existing owner of that same licensed gambling operation without receiving prior Gambling Control Div…

23.16.117 TRANSFER OF INTEREST TO NEW OWNER Except as provided in (7), (8), (9), and (10), an ownership interest may not be transferred to astranger to the licenseuntil a new gambling license application reflecting the proposed transfer is submitted to the department and the depa…

23.16.118 ESCROW REQUIRED Except as provided in (3), money or any other thing of value constituting consideration for transferring an interest in a licensed gambling operation to a stranger to the license may not be paid, received, or used until the provisions of ARM23.16.117 hav…

23.16.119 PARTICIPATION IN OPERATIONS Except as provided in ARM 23.16.509, astranger to the licensewho proposes to acquire an ownership interest in a licensed gambling operation may not control or participate in any capacity reflecting ownership in that operation until the applic…

23.16.120 LOANS AND OTHER FORMS OF FINANCING Except as provided in (4), (5), (6), and (7), if a gambling licensee or license applicant proposes to acquire a loan or other forms of financing from a noninstitutional source for use in his licensed gambling operation or grant a secur…

23.16.1201 DEFINITIONS As used throughout this subchapter, the following definitions apply: "Ante" means the amount of money or chips each player places into the pot before the first deal of each game. "Authority reference" means the Official Montana Poker Rulebook (version 2014)…

23.16.1202 TYPES OF CARD GAMES AUTHORIZED The following card games are authorized by law and must be played only in the manner set out for that game in the applicable authority reference: the poker games of Texas Hold'em, Draw Poker, Omaha, Seven Card Stud, and their variations a…

23.16.1203 SOCIAL CARD GAMES PLAYED SOLELY FOR PRIZES OF MINIMAL VALUE Except for the card games of panguingue and poker and their approved variations, an authorized card game as provided for in 23-5-311, MCA, which is played solely for prizes of minimal value, is considered a so…

23.16.1205 RANKING OF POKER CARDS AND HANDS The cards in poker are ranked ace, king, queen, jack, ten, nine, eight, seven, six, five, four, three, deuce. The ace is the highest ranked card in high poker and is ranked lower than a deuce in low poker. The hands in poker are ranked …

23.16.1206 POKER CARDS - PHYSICAL CHARACTERISTICS The cards used in the game of poker must be one complete standard deck of 52 cards plus optional joker(s). The design on the backs of each card in the deck must be identical and no card may contain any marking, symbol, or design t…

23.16.1209 POKER CHIPS - VALUE AND PHYSICAL CHARACTERISTICS Each poker chip used must be either clearly and permanently impressed, engraved, or imprinted on one side with a specific value of the chip or colored so as to clearly denote the value of the chip. At the operator's or c…

23.16.121 LEASING OF LICENSE PROHIBITED A gambling license or permit is a privilege personal to the gambling licensee and may not be leased, assigned, or transferred to another person. The department's examination to determine the existence of a lease or other similar arrangement…

23.16.1210 WAGERS TO BE MADE WITH POKER CHIPS OR CASH ONLY In games not scored with points, all wagers must be made with poker chips or cash. Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-311, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

23.16.1211 PERSONS NOT TO BRING THEIR OWN CARDS OR POKER CHIPS No person may bring to the card table or introduce into a poker game any playing card or cards or any poker chip or chips other than those obtained from the operator or card room contractor. Authorizing statute(s): 23…

23.16.1212 PROCEDURE FOR ACCEPTING CASH AT THE POKER TABLE Each dealer who receives currency from a player at a poker table for exchange for poker chips shall observe the following procedures and requirements: The currency must be spread on the top of the poker table by the deale…

23.16.1216 PLAYER RESTRICTIONS There must be at least two players. No player in a poker game may play other than the player's own hand. A player shall only play one hand and the player shall make all decisions without advice from any person. No player or other person may provide …

23.16.1217 USE OF DEVICE PROHIBITED It is unlawful for any player to use any device to assist in keeping track of the card played. Authorizing statute(s): Sec. 23-5-115 MCA Implementing statute(s): Sec. 23-5-311 MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

23.16.1218 SPECIAL POLICIES Each operator or card room contractor may establish rules of conduct for the players and spectators on the operator's premise as long as the rules do not conflict with state law. Authorizing statute(s): Sec. 23-5-115 MCA Implementing statute(s): Sec. 2…